Legal Opinion

Stothart Co. v. Lewis

Tennessee Superior Court for Law and Equity

Decided November 6, 1807Published

James Doherty gave a note dated 28th of May, 1798, payable in ten days to the defendant, who assigned the same to the plaintiff, on the 14th day of March following-Suit was commenced in the county court by the plaintiffs against Doherty on the 15th March, 1799 ; at April, 1800, judgment was recovered ; and fi. fa. issued to July, 1800, The sheriff returned “ satisfied except as to costs."

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James Doherty gave a note dated 28th of May, 1798, payable in ten days to the defendant, who assigned the same to the plaintiff, on the 14th day of March following-Suit was commenced in the county court by the plaintiffs against Doherty on the 15th March, 1799 ; at April, 1800, judgment was recovered ; and fi. fa. issued to July, 1800, The sheriff returned “ satisfied except as to costs." At April, 1804, the court ordered the record of the return to be amended thus “ nothing found.” After judgment, Doherty’s bail surrendered him, and the court took new bail. The plaintiff issued a sci. fa.…

1Per curiam

The principal question is upon the point of notice.

By the act of 1762, promissory notes are put upon the same footing, as inland bills of exchange in Enland. Therefore the authorities which are to be found in the English books, apply here, and we are all of opinion upon this point with the defendant, no notice having been given of the refusal of Doherty to pay the note.

When a negotiable paper under the act of 1762 or 2786, is indorsed,it should be presented for payment within reasonable time, and if refused or neglected the indorser ought to have notice immediately of such failure, and that…

2Cases cited2 opinions

  1. ROBERTSON v. VogleSupreme Court of the United States · 1788
  2. The BANK OF NORTH-AMERICA v. PettitSupreme Court of the United States · 1793

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